Spreadbury v. Bitterroot Public Library et al

Filing 57

RESPONSE to Motion re 51 MOTION for Partial Summary Judgment DEF LEE ENTERPRISES INC'S BRIEF IN OPPOSITION TO PL'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST LEE ENTERPRISES filed by Lee Enterprises Incorporated. (Attachments: # 1 Exhibit FOUNDATIONAL AFFIDAVIT OF JEFFREY B. SMITH, # 2 Exhibit A - Affidavit of Stacey Mueller, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O) (Smith, Jeffrey)

EXHIBITA

Jeffrey B. Smith

GARLINGTON, LOHN & ROBINSON, PLLP
350 Ryman Street. P. O. Box 7909
Missoula, MT 59807-7909
Telephone [phone]
Telefax [phone]
j [e-mail]
Attorneys for Defendant, Lee Enterprises, Inc.

IN THE LINITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
MICHAEL E. SPREADBT'RY,

Cause No. CV-1 1 -064-M-DWM

Plaintiff,

AFFIDAVIT OF
STACEY MUELLER
BITTERROOT PUBLIC LIBRARY,
CITYOF HAMILTON, LEE
ENTERPRISES,INC., and BOONE
KARLBERG P.C.,
Defendants.

Stacey Mueller, first being duly sworn, deposes and says:
I

.

I am currently employed

as the Publisher

of the Missoulian, a

newspaper owned by Defendant, Lee Enterprises, Inc. ("Lee Enterprises"), and
located in Missoula, Montana.

2.

t012004

My cument duties

as Publisher include overseeing the

Ravalli

Republic, a newspaper owned by Lee Enterprises, and located in Hamilton,
Montana.

3.

I have personally reviewed the articles published by the Ravalli

Republic and the Missoulian regarding the charges brought against Plaintiff,

Michael Spreadbury. None of these articles contain opinions. Rather, these
articles report facts in the cases Mr. Spreadbury has been involved with, according
to official Ravalli County documents.

4.

The Ravalli Republic is located at232Main Street, Hamilton,

Montana. Mr. Spreadbury is not allowed into the offices in which Ravalli
Republic is located, because he was verbally abusive to Ravalli Republic staff.

5.

Mr. Spreadbury was sent a cerlified letter notifuing him that he was not

allowed in the Ravalli Republic offices. The certified letter was not accepted after
being sent the maximum three times. The letter was also sent to the Hamilton
Police Department.

6.

I have personally notified Mr. Spreadbury by letter that he is not

allowed to enter the Ravalli Republic because ofhis past abusive behavior.
7

1012004

.

At no time was there ever an agreement between the Ravalli Republic

and the govemment to conspire against Spreadbury in any manner.

I declare under penalty ofperjury that the foregoing is true and correct.
Further Affiant sayeth not.

DATED this

lO

tt-

day of June,20l1.

Signed and swom to before me on the

P ',\ day of June, 2011, by Stacey

Mueller.

(Type or print name)

NOTARYPUB
Residing at
My commissi

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OF MONTANA
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